Beyond the Screen: Perceptions of Lawyers on Response Mechanisms for Cyber Sexual and Violence Against Women in Sri Lanka

Home / Beyond the Screen: Perceptions of Lawyers on Response Mechanisms for Cyber Sexual and Violence Against Women in Sri Lanka
February 22, 2024

The pervasive issue of Cyber Sexual and Women-Targeted Violence (CSWTV) has emerged in Sri Lanka alongside the increase in digital penetration and internet accessibility. This study, conducted in 2023 as part of the project “Caught in the Web – Tackling Gendered Drivers of the Conflict and Exclusion in Cyberspace”, commissioned by Search for Common Ground Sri Lanka (SFCG), is aimed at assessing the perceptions and experiences of lawyers in Sri Lanka regarding existing response mechanisms relevant to CSWTV. This executive summary provides an overview of the research methodology and the key findings.

METHODOLOGY

This study employed a ‘mixed methods’ approach, combining both quantitative and qualitative research methods, to provide a comprehensive understanding of lawyers’ perceptions of response mechanisms to address CSWTV. The quantitative survey reached 92 lawyers, although there were some challenges in achieving a balanced representation of men and women in the responses. The majority of respondents were from the Western Province, and age-wise, the study primarily represents perceptions of young lawyers. The qualitative aspect of the research aimed to provide a more nuanced understanding of lawyers’ perceptions of CSWTV response mechanisms. Data was collected through desk reviews, Key Person Interviews (KPIs) and Focus Group Discussions (FGDs). KPIs involved seven experts in the field, including civil society actors and senior lawyers. FGDs included a total of 9 participants, primarily based in Colombo.

KEY FINDINGS
The study reveals a diversity of understandings among Sri Lankan lawyers concerning Cyber Sexual and Women-Targeted Violence . Those with limited experience in CSWTV cases tend to view it broadly as any form of violence occurring in online spaces, whereas more experienced lawyers recognise the intricate ways the issue affects women and men differently. Participants in the study acknowledged the correlation between offline and online violence against women, and an overwhelming 83% of survey respondents agreed with this correlation. Furthermore, the research points to younger age groups being more susceptible to CSWTV. Lawyers also agreed that women and girls are at a higher risk of experiencing harassment, violence and hate speech on social media platforms when compared to their male counterparts, with 86% of
survey respondents in agreement. The study also emphasised that the LGBTQIA+ community faces significant harassment, violence and hate speech in digital spaces, a sentiment supported by 88% of survey respondents.

In terms of legal provisions, lawyers believe that existing laws can be applied to address CSWTV cases, although there is a divergence of opinions on the adequacy of these laws. The study highlights that 50% of survey respondents agree that the existing legal framework is sufficient to support victims of CSWTV but that it is not implemented efficiently. A substantial 86% of survey respondents concur that legal reforms are essential for effectively addressing CSWTV, while some lawyers interviewed cautioned against
the enactment of new laws that might infringe on freedom of expression. Notably, lawyers identified several limitations discouraging CSWTV victims/survivors from pursuing cases in court, including a lack of privacy, lengthy court procedures (87% of survey respondents agree), and various practical challenges. In terms of state response mechanisms, lawyers pointed out several challenges in the response to CSWTV cases by the Police and the Computer Crimes Investigation Division (CCID). These challenges include a lack of knowledge, capacity, resources and accessibility, as well as sensitivity in handling CSWTV cases. The study further reveals that rigid ideas about the roles of women and men, along with institutional biases in the Police and CCID, can contribute to the revictimisation of CSWTV victims.

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